The Scottish judge will decide early next week whether to bring a lawsuit before the European Court of Justice asking: Can the UK alone refuse to leave the EU. The claim is filed by a group of pro-European MPs and aims to give the UK an option to remain in the EU once it is known what the economic and political consequences of Brexit will be. MEPs who have filed a request are constituencies in Scotland that voted for a referendum in the EU in July 2016, while the UK as a whole voted to leave.
The judge Raymond Doherty will announce his decision on Monday or Tuesday, the spokesman said. It can be appealed before an internal court panel before being referred to the Court of Justice of the European Union, which alone has the right to interpret the law of the European Union.
The group of opposition MPs argued that once the country learns what Brexit means, parliament may decide to change the decision to leave, so the supreme authority must know in advance whether it is legally possible.
According to the British Government, the question of whether it can reverse and stop Brexit is meaningless, as it does not intend to change its decision to leave the EU. Prime Minister Teresa May formally informed the EU of the British decision to trigger Article 50 of the Lisbon Treaty on 29 March, which triggered the two-year period of departure.
May warned she would not tolerate any attempt by parliament to block the EU exit process. But in December, British MPs disputed the government’s logic by voting against May’s case and gave Parliament much more voting rights on whether to adopt the final Brexit agreement.